Another Federal Agency Says School Buses Should Have Lap/Shoulder Belts; Most States, Including CT, Don't

The National Transportation Safety Board (NTSB) this week recommended to states that all new large school buses be equipped with both lap and shoulder seatbelts, the first time such a recommendation has been issued for the vehicles by the agency. The board also recommended requiring collision-avoidance systems and automatic emergency brakes on new school buses, but the follow-through on the recommendations falls to states and local jurisdictions.  The NTSB recommendation is not a federal requirement, and comes three years after a similar call by the National Highway Traffic Safety Administration (NHTSA). Connecticut, as most states, does not require lap and shoulder seat belts in school buses.

The NTSB recommendations, made to the 42 states, the District of Columbia, and Puerto Rico, all of which lack requirements for lap/shoulder belts on large school buses, were accompanied by a recommendation to the states of Florida, Louisiana, New Jersey, and New York to amend their statutes to upgrade their seat belts requirements from lap-only belts to lap and shoulder belts.

Connecticut’s legislature has previously debated a lap-and-shoulder belt requirement on school buses, but has failed to pass such a requirement, including, most recently, last year. Legislation that would have imposed a requirement in Connecticut, effective in 2022, failed to gain approval from the Transportation Committee after a public hearing.

Last summer, Nevada joined California, Florida, Louisiana, New Jersey, New York and Texas in enacting laws requiring seat belts. The law in Louisiana requires school buses be equipped with seat belts, but this is subject to appropriation for the purchase of such buses and the state legislature has not provided funding to trigger the requirement. Similar language in Texas’ law was removed in 2017, according to the National Conference of State Legislatures.

NTSB Chair Robert Sumwalt said at the close of Tuesday’s NTSB meeting this week, which included a review of two 2016 school bus crashes that killed 12 and injured 37, “The recommendations that we issued and reiterated today, if acted on, will help ensure that new school buses are manufactured with tried and true occupant protection such as lap-shoulder belts, as well as collision avoidance technology such as automatic emergency braking.”  The meeting was held just days after a school bus accident in New Jersey that killed a young student and teacher.

The recommendation comes three years after a similar stance from the then-Administrator of NHTSA, Mark Rosekind:  "The position of the National Highway Traffic Safety Administration is that seat belts save lives," Rosekind said in November 2015. "That is true whether in a passenger car or in a big yellow bus. And saving lives is what we are about. So NHTSA's policy is that every child on every school bus should have a three-point seat belt."

“The main hold up continues to be funding,” State Rep. Fred Camillo of Old Greenwich, who introduced Connecticut legislation to accomplish that objective, told CT by the Numbers last year.  Passage has been elusive here, and elsewhere, despite the change in position by NHTSA more than two years ago.  The federal agency previously viewed school buses as safe without seat belts, because of their construction.

That changed in 2015.  Since then, as Connecticut’s Office of Legislative Research noted in a 2016 report to the legislature, “NHTSA has been exploring ways to make seat belts on schools buses a reality.” NHTSA points out that seat belts have been required on passenger cars since 1968; and 49 States and the District of Columbia have enacted laws requiring the use of seat belts in passenger cars and light trucks.

The Connecticut Association of Public School Superintendents testified against the measure last year, calling for approval to be “postponed” until a series of questions – ranging from the use of bus monitors to the cost of seat belt maintenance to district liability from unused seat belts – could be answered.

The Connecticut Association of Boards of Education (CABE) – representing local elected school boards across the state – also voiced their opposition at a January 30, 2017 public hearing.  CABE officials expressed concern about “years of busses” that would “need to be replaced or retrofitted.”  They also noted that lap belts “would not work best for 5-year-olds and 18-year-olds alike.”  In addition, questions were raised about students who might “unclick the belt” and the liability of bus drivers if they did.

Camillo initially proposed the bill in 2011 after a Rocky Hill student was killed in a school bus crash.  Last year in Connecticut, in March, after a school bus accident in Canterbury sent five students to the hospital, public discussion on the pending proposal was renewed, but the legislature ultimately did not take action.  “This accident today is just another reminder that we really need to do something regarding this issue. We don’t want to wait for another tragedy to occur,” Camillo told the Norwich Bulletin.  Later that month, five people were injured after a crash involving a school bus in North Haven.

At NTSB, Robert L. Sumwalt was sworn in as chairman last August, after being nominated by President Trump and confirmed by the U.S. Senate. He began his tenure at the NTSB in August 2006 when President Bush appointed him to the Board and designated him as Vice Chairman. In November 2011, President Obama reappointed him to an additional five-year term as Board Member.

The NTSB this week also called for “facial recognition data to catch driver license fraud at every opportunity, with data shared across states. It demands that certified medical examiners effectively play their role in denying medically unfit drivers a medical certificate.”  Added Sumwalt:  “Action on the safety recommendations issued and reiterated today will constitute a crackdown, but only from the point of view of drivers who put the safety of our children and other road users at risk. Such a crackdown is long overdue.”

New School Year Approaches Without Seat Belt Requirement on School Buses

June 7 was the final day of the regular legislative session in Connecticut.  It was also the day following the signing of a new law to require seat belts on school buses – in Nevada. Gov. Brian Sandoval signed legislation, approved overwhelmingly by his state’s legislature, which requires that any new school bus purchased by a school district on or after July 1, 2019, be equipped with a shoulder-harness-type safety belt assembly for passengers.

There was no similar bill signing in Connecticut.  Legislation that would have imposed a similar requirement in Connecticut, effective in 2022, failed to get out of the Transportation Committee after a public hearing months earlier.  The new school year approaches with no requirement in Connecticut, and no change in policy on the horizon, despite years of efforts.

Nevada joins only six other states — California, Florida, Louisiana, New Jersey, New York and Texas —in enacting laws requiring seat belts. In Louisiana and Texas, however, the requirements are contingent upon funds being appropriated by the state, which has yet to occur.

The Connecticut legislator leading the unsuccessful effort says cost, rather than safety, drove the result.

"While the bill did not get voted out of the Transportation Committee, it was given a public hearing and received some favorable comments from committee members,” Rep. Fred Camillo told CT by the Numbers this week.  “The main hold up continues to be funding, something that will take out of the box concepts as the state fiscal situation has not been resolved. I look forward to continuing the effort until our goal is achieved."

It has been elusive here, and elsewhere, despite a change in position by the National Highway Traffic Administration, more than a year ago.  The federal agency previously viewed school buses as safe without seat belts, because of their construction.  That changed in 2015.  Since then, as Connecticut’s Office of Legislative Research noted last year in a report to the legislature, “NHTSA has been exploring ways to make seat belts on schools buses a reality.”

The Connecticut Association of Public School Superintendents testified against the measure, calling for approval to be “postponed” until a series of questions – ranging from the use of bus monitors to the cost of seat belt maintenance to district liability from unused seat belts – could be answered.

The Connecticut Association of Boards of Education (CABE) – representing local elected school boards across the state – also voiced their opposition at the January 30 public hearing.  CABE officials expressed concern about “years of busses” that would “need to be replaced or retrofitted.”  They also noted that lap belts “would not work best for 5-year-olds and 18-year-olds alike.”  In addition, questions were raised about students who might “unclick the belt” and the liability of bus drivers if they did.

Camillo initially proposed the bill in 2011 after a Rocky Hill student was killed in a school bus crash.   earlier this year, in March, after a school bus accident in Canterbury sent five students to the hospital, public discussion on the pending proposal was renewed, but the legislature did not take action.  “This accident today is just another reminder that we really need to do something regarding this issue. We don’t want to wait for another tragedy to occur,” Camillo told the Norwich Bulletin.  Later that month, five people were injured after a crash involving a school bus in North Haven.

Federal law doesn’t require seat belts on the “big yellow school buses” that most students ride, Stateline reported earlier this year. The buses are designed to protect riders through “compartmentalization,” structural safety features such as high, energy-absorbing seat backs and closely spaced seats so children are kept snug like eggs in a carton, Stateline reporting explained.

However, published reports indicate that those features don’t necessarily protect children during side-impact crashes or high-speed rollovers because passengers don’t always remain within their seating compartment, according to the National Transportation Safety Board, which has recommended for nearly two years that three-point seat belts be included in new buses.

Over the past 10 years, NHTSA reports, 6.2% of fatal injuries in school bus related crashes were school bus occupants.

The American School Bus Council, urging people to “support the school bus,” points out that “students are about 70 times more likely to get to school safely if they ride in the school bus instead of a car.”

Danger in CT: Not Buckling Up in Rear Seat is Hazardous to Your (and Others) Health

Twenty-nine states require passengers riding in a vehicle’s rear seat to buckle up with a seat belt.  Connecticut is not among them. A new survey from the Insurance Institute for Highway Safety highlights the common misperception that buckling up is optional – as well as the potential life-threatening hazards to rear and front seat passengers if those in the back seat opt not to buckle up.

"People who don't use safety belts might think their neglect won't hurt anyone else. That's not the case," indicates Jessica Jermakian, an IIHS senior research engineer and a co-author of the study. "In the rear seat a lap/shoulder belt is the primary means of protection in a frontal crash. Without it, bodies can hit hard surfaces or other people at full speed, leading to serious injuries.”

Among adults who admit to not always using safety belts in the back seat, 4 out of 5 surveyed say short trips or traveling by taxi or ride-hailing service are times they don't bother to use the belt.  Nearly 40 percent of people surveyed said they sometimes don't buckle up in the rear seat because there is no law requiring it. If there were such a law, 60 percent of respondents said it would convince them to use belts in the back seat. A greater percentage said they would be more likely to buckle up if the driver could get pulled over because someone in the back wasn't buckled.

Connecticut considered such a requirement in this year’s legislative session.  Urging legislators to approve the requirement, Julie Peters, Executive Director of the Brain Injury Alliance of Connecticut, said “In the event of a crash, unbelted back seat passengers become bullets, putting not only themselves, but everyone in the vehicle at risk. That's because unbelted back seat passengers continue to move at the same rate of speed as the vehicle they are riding in until they hit something -- the seat back, the dashboard, the windshield, the driver or another passenger. It's also not uncommon for unbelted passengers to be thrown from a vehicle and either crushed by that vehicle or another on the road.”

The new survey reveals that many rear-seat passengers don't think belts are necessary because they perceive the back seat to be safer than the front. This shows a clear misunderstanding about why belts are important, no matter where a person sits in a vehicle.

"For most adults, it's still as safe to ride in the back seat as the front seat, but not if you aren't buckled up," Jermakian said. "That applies to riding in an Uber, Lyft or other hired vehicle, too."

Except for New Hampshire, all states and the District of Columbia require adults in the front seat to use belts. All rear-seat passengers are covered by laws in 29 states and D.C. Of these laws, 20 carry primary enforcement, meaning a police officer can stop a driver solely for a belt-law violation. The rest are secondary, so an officer must have another reason to stop a vehicle before issuing a safety belt citation, the IIHS reported.

Rep. Mitch Bolinsky of Newtown, who advocated for passage of a Connecticut law this year, said in February that “Front seats have become much safer but that’s not the case in the back seat. Without the use of seat belts, we needlessly lose lives every year. Those souls should still be with their families.” He cited National Highway Transportation Safety Association (NHTSA) data that unbelted rear seat passengers are three times more likely to die than those who are buckled at the time of a serious impact.

AAA reported last year that three decades ago, Connecticut “moved ahead of the curve nationally with the passage of one of the nation’s first mandatory seat belt laws.”  AAA pointed that that estimates are that each year in Connecticut more than 120 adults are injured and approximately five adults die who were unbelted rear seat occupants. Dating back to 1995, AAA noted, that equates to close to 100 deaths and 2,500 injuries.  A survey of AAA members (AAA Allied Group and AAA Northeast) found that 7 in 10 members believe seat belts should be mandatory for back seat passengers, regardless of age.

The Governors Highway Safety Association issued a report in 2015, "Unbuckled In Back," analyzing the difference in highway fatalities between states that require rear seat passengers to buckle up and those that do not, the Hartford Courant reported.  At a Connecticut legislative hearing that year, the paper noted, state Transportation Commissioner James Redeker said that everyone in a passenger vehicle should buckle up, saying statistics show "people become projectiles because they're not strapped in a safety device."

Legislation has been introduced annually in recent years in Connecticut to require use of seat belts in the back seat.  Earlier this year, state Public Health Commissioner testified in support (HB6054 and HB6269), stressing that “adult seat belt use is the single most effective way to save lives and reduce injuries in crashes.”

Safety belts are credited with having saved 13,941 lives during 2015, the National Highway Traffic Safety Administration estimates. If everyone buckled up, an additional 2,800 deaths could have been prevented, the data indicated. More than half of the people who die in passenger vehicle crashes in the U.S. each year are unbelted.

IIHS surveyed adults 18 and older by cellphone and landline nationwide between June and August 2016. Of the 1,172 respondents who said they had ridden in the back seat of a vehicle during the preceding six months, 72 percent said they always use their belt in the back seat, while 91 percent said they always use their belt when seated in front. This is in line with the 2015 nationwide observed belt use of 75 percent for adult rear-seat occupants and 89 percent for drivers and front-seat passengers.

https://youtu.be/bdW_3oQFO0c